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Posner v. Posner

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 2000
277 A.D.2d 298 (N.Y. App. Div. 2000)

Opinion

Submitted October 17, 2000.

November 13, 2000.

In an action for a divorce and ancillary relief, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Rockland County (Weiner, J.), dated June 21, 1999, as denied that branch of her motion which was to vacate two judgments, in effect, for legal fees, entered upon the filing of affidavits of confession of judgment.

Laure Salerno, New York, N.Y., for appellant.

Daniel E. Bertolino, P.C., New City, N.Y., for respondent.

Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

A person seeking to vacate a judgment entered upon the filing of an affidavit of confession of judgment must commence a separate plenary action for that relief (see, Rubino v. Csikortos, 258 A.D.2d 638; L.R. Dean, Inc. v. International Energy Resources, 213 A.D.2d 455; Burtner v. Burtner, 144 A.D.2d 417).


Summaries of

Posner v. Posner

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 2000
277 A.D.2d 298 (N.Y. App. Div. 2000)
Case details for

Posner v. Posner

Case Details

Full title:SHEILA POSNER, APPELLANT, v. ABE POSNER, RESPONDENT

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 13, 2000

Citations

277 A.D.2d 298 (N.Y. App. Div. 2000)
715 N.Y.S.2d 883

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